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U.S. v. GERGEN

No. 97-30324.

172 F.3d 719 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Mika GERGEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 16, 1999.

Attorney(s) appearing for the Case

Daniel Donovan, Assistant Federal Defender, Great Falls, Montana, for the defendant-appellant.

Kris A. McLean, Assistant United States Attorney, Missoula, Montana, for the plaintiff-appellee.

Before: CANBY, and TASHIMA, Circuit Judges, and TAKASUGI, Senior District Judge.

TAKASUGI, Senior District Judge:

Mika Gergen ("Gergen") appeals from a judgment of conviction and sentence for violating 26 U.S.C. § 5861(d), arguing that the Supreme Court's holding in Staples v. United States, 511 U.S. 600, 114 S.Ct. 1793, 128 L.Ed.2d 608 (1994), requires the government to prove that he knew of the particular characteristics of the shotgun which made the shotgun illegal under the National Firearms Act...

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